Regulating the sector
We have introduced various measures to regulate the private rented sector to ensure letting agents, landlords and properties meet certain standards
Letting agents
Letting agents play an important role in making the private rented sector more professional and well managed, and in providing good-quality homes.
We introduced a framework to regulate letting agents through Part 4 of the Housing (Scotland) Act 2014. This aims to improve standards and professionalism in the industry.
The framework includes:
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mandatory registration — letting agents must be assessed as a fit and proper person to carry out letting agency work and meet minimum training standards before they can join the letting agent register
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a statutory code of practice — the letting agent code of practice sets out the service standards agents must meet and gives tenants and landlords the ability to challenge poor practice
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a means of redress — landlords, tenants and Scottish Ministers can take a case to the First-tier Tribunal for Scotland (Housing and Property Chamber) if an agent has breached the code of practice; where a breach is found, the tribunal must issue an enforcement order telling the agent what steps they must take to put things right
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Ministerial powers — Scottish Ministers have powers to request information and carry out inspections to monitor compliance and support enforcement
These measures give landlords and tenants confidence in the standard of service they can expect from a letting agent, and a way to challenge poor practice when it occurs.
We have published a letting agent registration guide for those carrying out letting agency work, which explains what agents need to do.
For more information, email lettingagentregulation@gov.scot.
Landlord registration
The landlord registration scheme:
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creates a public register of all private landlords, giving people the assurance that the council has checked each landlord is a fit and proper person
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gives councils an up-to-date register to help them communicate with landlords
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helps focus enforcement on the worst landlords, including those who do not take steps to reduce anti-social behaviour by their tenants
If a landlord lets a property without being registered or having applied to register, they can face a fine of up to £50,000 and have their rent payments suspended.
Find out more at: Landlord Registration Scotland.
Guidance for local authorities
Houses in multiple occupation licensing
A house in multiple occupation (HMO) is a home occupied by three or more unrelated people who share bathroom or kitchen facilities. All HMOs must be licensed and operating an HMO without a licence is a criminal offence.
HMO owners must have a licence from the local authority where the property is located. Licensing helps make sure accommodation is safe, well managed and good quality. HMOs must also meet the physical standards set by the local authority under Part 5 of the Housing (Scotland) Act 2006.
HMOs are also covered by fire safety legislation. The local authority sets the standards required and the fees for a licence application. Scottish Ministers have published guidance for local authorities on HMO licencing.
Local authorities also have a range of other enforcement powers, including the ability to vary or revoke a licence. A licence can be revoked if the owner, agent or property is no longer considered suitable.
Enhanced Enforcement Areas
The Enhanced Enforcement Areas Scheme (Scotland) Regulations 2015 give councils the ability to apply for additional powers to target specific areas where tenants are experiencing particularly poor conditions.